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SAMPLE ATTORNEY FEE AGREEMENT

(Limited Representation)

Note: The following Attorney Fee Agreement form is a sample only and
provides for document preparation in California civil cases plus 2 hours of
attorney time for consultation with client, document review, and legal
research if necessary for a flat fee of $1,000.
KINSEY LAW OFFICES
Eugene E. Kinsey
Attorney at Law
323 Main St., Second Floor
Seal Beach, CA 90740
Phone: (562) 596-8177 Fax: (562) 596-0298
E-Mail: Kinseye@ix.netcom.com

Instructions: Complete this Agreement and either scan and e-mail to


kinseye@ix.netcom.com or fax to (562 596-0298). The Agreement is
effective when signed by Attorneys and Client’s payment has been
received.

AGREEMENT FOR ATTORNEY SERVICES

(Limited Scope Representation – Attorney Assisted Legal Services)

_________________________________________________ [Client Name(s)], hereinafter collectively


referred to as "CLIENT," agrees jointly and severally to pay KINSEY LAW OFFICES, hereinafter referred to as
"ATTORNEYS," the sum of Six Hundred Dollars ($600) for the services described below.

Client Information:
Client #1 Client #2
Note: If Attorneys represent more than one client, each must date and sign the waiver of potential
conflicts of interest contained in paragraph 9 of this Agreement.
Name: ____________________________________ Name: ____________________________________
Address: ____________________________________ Address: ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
Zip: ____________ Zip: ____________

Phones: Bus: (___) _________ Cell: (___) _________ Phones: Bus: (___) _________ Cell: (___) _________
Hm: (___) _________ Fax: (___) _________ Hm: (___) _________ Fax: (___) _________

E-Mail: ____________________________________ E-Mail: ____________________________________


Recitals

A. Client is requesting consulting and document preparation services from Attorneys in connection with the
following matter:

____ Representation Of Plaintiff(s) _____________________________________


(“Plaintiff” is the party first filing the Describe: _____________________________________
lawsuit) _____________________________________

Case Title: _____________________________________


____ Representation Of Defendant(s)
(“Defendant” is the party answering a Case #: _____________________________________
lawsuit)
Court: _____________________________________

_____________________________________
____ Other Describe: _____________________________________
_____________________________________

B. Client desires to retain Attorney to prepare the documents specified below and to provide Client with two
(2) hours of attorney legal research and consultation time Client regarding legal issues in Client’s case and procedures
to file and serve those documents but not to appear in court in client’s case as attorney for Client.

C. Client desires to take responsibility for representation in the case and all necessary court appearances in
connection with all issues not undertaken by the terms of this Agreement by Attorneys.

Agreement

1. CLIENT RESPONSIBILITIES AND CONTROL: Client intends to retain control over all aspects
of the case except those specifically assigned to Attorney by the express written terms of this Agreement and
understands that he/she will remain in control of the case and be responsible for all decisions made in the course of the
case. Client agrees to:

a. Cooperate with Attorneys by complying with all reasonable requests for information in connection
with the matter for which Client is requesting services;

b. Keep Attorneys advised of Client’s concerns and any information that is pertinent to Client’s case;

c. Provide Attorneys with copies of all pleadings and correspondence to and from Client regarding
the case;

d. Immediately provide Attorneys with any new pleadings or motions received from the other party;
and

e. Keep all documents related to the case in a file for review for Attorneys.

2. LIMITED SCOPE OF SERVICES TO BE PERFORMED BY ATTORNEYS: Client seeks


the services from Attorneys as set for the in the “Tasks and Issues To Be Apportioned” checklist attached as Exhibit A to
this agreement. Client and attorneys shall designate the services to be rendered by Attorney by writing the word
“Attorney” in the “Attorneys Shall Do” column next to the services they agree Attorneys will do, and shall designate the
services Client shall undertake himself/herself by writing the word “Client” under the “Client to Do” column next to those
services. If a service is to be rendered by another attorney or some other third person, the words “Other” or other similar
designation shall be written in the blank opposite the service.
3. MODIFICATION OF SCOPE MUST BE IN WRITING: Client may request that Attorneys
provide additional services. If Attorney agrees to provide additional services, those additional services must be
specifically listed in an amendment to this agreement and initialed and dated by both parties. The date that both
Attorneys and Client initial any such list of additional services to be provided will be the date on which Attorneys
becomes responsible for providing those additional services. If Client decides to retain Attorneys as Client’s attorney of
record for handling the entire case on Client’s behalf, Client and Attorneys will enter into a new written agreement setting
forth that fact as well as Attorneys’ additional responsibilities in Client’s case.

4. CLIENT’S RIGHT TO SEEK ADVICE OF OTHER COUNSEL: Client is advised of the right
to seek the advice and professional services of other counsel with respect to those services in Exhibit A and successor
exhibits detailing the scope of representation that are identified with the word “Client” at any time during or following this
Limited Representation Agreement.

5. CLIENT TO REPRESENT HIMSELF/HERSELF IN COURT: It is the intention of Attorneys


and Client that Attorney shall only perform those services specifically requested of Attorneys. Client understands and
agrees that Client will act as his/her attorney of record, will make all court appearances himself/herself, and that
Attorneys will not act as Client’s attorney of record and will make no Court appearances on behalf of Client.

6. NONREFUNDABLE FLAT FEE FOR LIMITED SCOPE LEGAL SERVICES: ($1,000.00)


Immediately upon execution of this Agreement, Client shall pay to Attorneys the sum of One Thousand Dollars
($1,000.00) for preparation of the documents described in Exhibit A plus two (2) hours of document review and attorney
legal research and consultation time Client regarding legal issues in Client’s case and procedures to file and serve those
documents. . This sum is a FEE FOR ACCEPTANCE OF THE CASE, CREATION OF A NEW FILE, IS NOT
REFUNDABLE, AND SHALL NOT BE APPLIED TO ANY HOURLY FEE. Should Client choose not to use the flat fee
limited scope services described in Exhibit A, he/she shall not be entitled to a refund of any part of the flat fee.

7. OPTIONAL FEE FOR ATTORNEY TIME OVER TWO HOURS: ($300.00) The flat fee
described above includes preparation of the documents described in Exhibit A plus two (2) hours of document review
and attorney consultation time Client regarding legal issues in Client’s case and procedures to file and serve those
documents. Without a specific written agreement, Attorneys have no obligation to provide any services other than those
described herein and Client has no obligation to pay no more than the flat fee described in Paragraph 6 unless the
parties sign a separate written agreement providing for additional services. However, should Client desire more than two
(2) hours of consultation time, the parties will execute a separate written agreement providing for payment to Attorneys at
a rate of Three Hundred Dollars ($300.00) per hour.

8. CREDIT CARD AUTHORIZATION (OPTIONAL): At Client’s option, payment of fees may be


made by credit card. (Visa, MasterCard, American Express, Discover) By entering the information below, Client
authorizes Attorneys to debit the credit card described below for all services rendered to Client.

Client #1 Client #2
Card (Visa, Amex, Etc.): ____________________ Card (Visa, Amex, Etc.): ____________________
Holder (Name on Card): ____________________ Holder (Name on Card): ____________________
Number: ____________________ Number: ____________________
Expiration Date: ____________________ Expiration Date: ____________________
Pin (back of card): __________ Pin (back of card): __________
Billing Address: ________________________ Billing Address: ________________________
__________________________________ __________________________________
__________________________________ __________________________________

9. DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST – CONSENT TO JOINT


REPRESENTATION (In Cases Involving Multiple Clients Only): Clients desire that Attorneys jointly
represent both clients. Joint representation may create certain conflicts of interest, in that the interests and objectives of
each client individually on certain issues related to the Case are, or may become, inconsistent with the interests and
objectives of the other. Attorneys’ representation of multiple interests has significant implications which both parties
should consider. For example, rather than vigorously asserting a single client's interest on an issue, there likely will be a
balancing of interests between the parties. Terms that are advantageous to one party are typically disadvantageous to
the other party. Further, in the event of a dispute between the parties, Attorneys may be precluded from representing
either party without first obtaining the informed written consent of all concerned.

Rule 3-310 of the California Rules of Professional Conduct provides that Attorneys may not jointly
represent clients with actual or potential conflicts of interests unless they first waive such conflicts in writing.
Clients acknowledge that they have been advised of the Rule and of the potential conflicts associated with their
respective interests and that they nevertheless desire Attorneys to jointly represent them in connection with the
matters described above.

Each party remains completely free to seek other counsel at any time even if he/she signs the
consent set forth below. Should either party have any questions concerning this disclosure or the consent below
they are urged to discuss them with their own counsel before signing the consent and waiver.

WAIVER OF CONFLICTS OF INTEREST AND CONSENT TO JOINT REPRESENTATION: Each


party understands that there exist potential conflicting interests in the above-described matter and Attorneys
have informed both parties of the possible consequences of these conflicts. Both parties also understand that
they have the right to and have been encouraged to consult independent counsel before signing this consent.

Each of the undersigned nevertheless desires representation by Attorney to the extent described
above and, therefore, consents and gives approval to such representation.

Date: ______________ ______________________________________


Client #1:

Date: ______________ ______________________________________


Client #2:

. 10. DISCLAIMER OF GUARANTEE: Nothing in this Contract and nothing in Attorneys' statements to
Client will be construed as a promise or guarantee about the outcome of Client's matter. Attorneys make no such
promises or guarantees. Attorneys' comments about the outcome of Client's matter are expressions of opinion only.

11. ARBITRATION: Any dispute between the parties as to attorney fees and/or costs charged
under this Contract shall be resolved as follows: If a fees and/or costs dispute arises, Attorney will provide Client
with written notice of Client's right to arbitrate under the California State Bar Act (Bus.&Prof.C. §6200 et seq.).
Client and Attorney may thereafter agree that the arbitration will be binding or that the dispute will ultimately be
resolved by another form of binding arbitration. Any other dispute arising under this Contract or in connection
with the provision of legal services by Attorney, including, without limitation, any claim for breach of contract,
professional negligence or breach of fiduciary duty, shall be resolved by binding arbitration in accordance with
the rules of the American Arbitration Association.

12. EFFECTIVE DATE: This agreement will not take effect and Attorneys shall have no obligation to
provide legal services until Client both 1) returns to Attorneys a signed copy of this agreement and, 2) makes the entire
advance payment specified in Paragraph 6 herein.

BY SIGNING THIS CONTRACT IN THE SPACE PROVIDED BELOW, CLIENT ACKNOWLEDGES


THAT THIS AGREEMENT TO ARBITRATE RESULTS IN WAIVER OF CLIENT'S RIGHT TO A
COURT OR JURY TRIAL FOR ANY FEE DISPUTE OR MALPRACTICE CLAIM. THIS ALSO
MEANS THAT CLIENT IS GIVING UP CLIENT'S RIGHT TO DISCOVERY AND APPEAL. IF
CLIENT LATER REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO DO SO,
CLIENT MAY BE REQUIRED TO ARBITRATE PURSUANT TO THE PROVISIONS OF THE LAW.
CLIENT ACKNOWLEDGES THAT BEFORE SIGNING THIS CONTRACT AND AGREEING TO
BINDING ARBITRATION CLIENT IS ENTITLED, AND HAS BEEN GIVEN A REASONABLE
OPPORTUNITY, TO SEEK THE ADVICE OF INDEPENDENT COUNSEL.

13. ACKNOWLEDGMENT: Client acknowledges that he/she has carefully read this agreement and
understands all of its provisions. Client signifies his/her agreement with the following statements by initialing each one:

Initial Each Item:

____ Client understands and accepts the limitations on the scope of Attorneys’ responsibilities
identified in Exhibit A to this agreement and understands that Attorney will not be responsible
for Client’s conduct in handling his/her] own case.

____ Client will pay Attorneys for services in the manner described in this Agreement.
____ Client understands and agrees that he/she has agreed to pay a minimum nonrefundable fee
to attorney of Six Hundred Dollars ($600), all of which is earned upon receipt by Attorney.

____ Client understands and agrees that any disputes between Client and Attorney will be resolved
in arbitration and not by court action.

____ Client understands and agrees that any amendments to this agreement must be in writing.

____ Client acknowledges that he/she has been advised by Attorney that he/she has the right to
consult with another independent attorney to review this agreement and to advise Client on
his/her rights as a client before signing this agreement.

EXECUTED at Seal Beach, California.

CLIENT(S): ATTORNEYS:

Date: __________ __________________________ Date: __________ _________________________


CLIENT #1 KINSEY LAW OFFICES

Date: __________ __________________________


CLIENT #2
EXHIBIT A TO LIMITED SCOPE AGREEMENT

TASKS AND ISSUES TO BE APPORTIONED


Instructions: Client and attorneys shall designate the services to be rendered by Attorneys by writing the word
“Attorneys” in the “Attorney Shall Do” column next to the services they agree Attorneys will do, and shall designate the
services Client shall undertake by writing the word “Client” under the “Client to Do” column next to those services. If a
service is to be rendered by another attorney or some other third person, the words “Other Attorney” or other similar
designation shall be written in the blank opposite the service.

Attorney Client Third Party


Task To Do To Do To Do
Attorney
Consultation With Client (Document Review +
Research + Consultation
limit 2 hours)
Draft papers to start lawsuit Attorney
Draft answer to lawsuit Attorney
Consultation Regarding Filing And Service Attorney
File and serve papers Client and/or others
Draft Motions Client and/or others
Response To Motions Client and/or others
Draft affidavits and declarations Re Motions Client and/or others
Attorney
Legal Research and Analysis (Document Review +
Research + Consultation
limit 2 hours)
Procedural Advice Attorney
Investigate Facts Client and/or others
Obtain Documents Client and/or others
Draft correspondence Client and/or others
Attorney
Review correspondence and pleadings (Document Review +
Research + Consultation
limit 2 hours)
Attorney
Consult With Client Re Correspondence & (Document Review +
Pleadings Research + Consultation
limit 2 hours)
Appear in Court Client
Take depositions Client and/or others
Prepare subpoenas for documents Client and/or others
Contact witnesses Client
Draft or analyze settlement proposals Client
Contact expert witnesses Client
Trial negotiation and preparation Client and/or others
Draft orders Client and/or others
Prepare Request To Enter Default Attorney
Appear at Trial Client
Prepare Default Judgment Papers Attorney
Advice regarding appeal Others
Enforce orders Client and/or others

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